Attack by Honda & Others on Cruise Control Patent, Among the Requests Week of 23 December 2013

Scott Daniels, Cindy Chen and Jerome Bushnell | December 30, 2013

Last Monday American Honda Motor requested inter partes review of U.S. Patent No. 6,324,463 (see inter partes review Request No. (4)) The ‘463 patent is owned by Cruise Control Technologies that has sued 15 car companies for infringement; the patent claims “a system for indicating the operational status and parameters of a cruise control system for use in a human operated vehicle.”  Simultaneously, Nissan North America and six other automakers filed their own petitions for inter partes review of the ‘463 patent (see inter partes review Request No. (5)). These petitions come on the heels of two requests filed the previous week by Subaru and Toyota.  Each of the four petitions proposes a different set of prior art rejections.  This approach of multiple petitions against a single patent has become a common method for requestors to avoid the page limit on inter partes requests.

TRW Automotive continues to be active, filing two inter partes review petitions against one Magna Electronics patent and three petitions against a second Magna patent (see inter partes review Request Nos. (6) & (7)).

And Google seeks an expansive definition of “covered business method” patents in its petition for post-grant review of SimpleAir’s U.S. Patent No. 7,035,914 (see post-grant review Request No. (1)).

The following inter partes review requests were filed:

1.   IPR2014-00232 (electronically filed) – U.S. Patent No. 6,345,402 entitled Hinged Panels for a Thermal Support Apparatus, which is owned by Draeger Medical Systems, Inc.  Filed by Atom Medical International, Inc. on December 23, 2013.  The ‘402 patent has been asserted in the infringement action styled Draeger Med. Sys., Inc. v. Atom Med. Int’l, Inc. and Philips Elecs. N. Am. Corp., d/b/a Philips Healthcare (Case No. 2:12-cv-00512-UA-DNF (MDFL)).

2.   IPR2014-00284 (electronically filed) – U.S. Patent No. 5,562,728 entitled Endovascular Grafting Apparatus, System and Method and Devices for Use Therewith, which is owned by LifePort Sciences LLC.  Filed by Medtronic, Inc. and Medtronic Vascular, Inc. on December 23, 2013.  The ‘728 patent is the subject of two patent infringement actions: LifePort Sciences LLC v. Medtronic, Inc., et al. (Case No.1:12-cv-1793 (D. Del.)); and LifePort Sciences LLC v. W.L. Gore & Associates, Inc. (Case No. 12-cv-1792 (D. Del.)).

3.   IPR2014-00288 (electronically filed) – U.S. Patent No. 7,147,662 entitled Hook for Attaching to a Corporeal Lumen and Method of Manufacturing, which is owned by LifePort Sciences LLC.  Filed by Medtronic, Inc. and Medtronic Vascular, Inc. on December 23, 2013.  The ‘662 patent is the subject of an infringement action styled LifePort Sciences LLC v. Medtronic, Inc., et al. (Case No.1:12-cv-1793 (D. Del.)).

4.   IPR2014-00289 (electronically filed) – U.S. Patent No. 6,324,463 entitled CRUISE CONTROL INDICATION, which is owned by American Honda Motor Co., Inc. on December 23, 2013.  The ‘463 patent is the subject of the following patent infringement actions:  CCT v. American Honda Motor Co, Inc. (Case No. 1:13-cv-00082-GMS (D. Del.)); CCT v. Hyundai Motor America (Case No. 1:13-cv-00084-GMS (D. Del.)); CCT v. Nissan North America, Inc. (Case No. 1:13-cv-00085-GMS (D. Del.)); CCT v. Toyota Motor North America, Inc. (Case No. 1:13-cv-00086-GMS (D. Del.)); CCT v. Volkswagen Group of America, Inc. (Case No. 1:13-cv-00087-GMS (D. Del.)); CCT v. Audi of America, LLC (Case No. 1:12-cv-01753-GMS (D. Del.)); CCT v. BMW of North America, LLC (Case No. 1:12-cv-01754-GMS (D. Del.)); CCT v. Chrysler Group, LLC (Case No. 1:12-cv-01755-GMS (D. Del.)); CCT v. Ford Motor Company (Case No. 1:12-cv-01756-GMS (D. Del.)); CCT v. General Motors LLC (Case No. 1:12-cv-01757-GMS (D. Del.)); CCT v. Jaguar Land Rover North America LLC (Case No. 1:12-cv-01758-GMS (D. Del.)); CCT v. Mercedes-Benz USA LLC (Case No. 1:12-cv-01759-GMS (D. Del.)); CCT v. Porsche Cars North America, LLC (Case No. 1:12-cv-01760-GMS (D. Del.)); CCT v. Subaru of America Inc. (Case No. 1:12-cv-01761-GMS (D. Del.)); and CCT v. Volvo Cars of North America LLC (Case No. 1:12-cv-01762-GMS (D. Del.)).

5.   IPR2014-00291 (electronically filed) – U.S. Patent No. 6,324,463 entitled CRUISE CONTROL INDICATION, which is owned by Cruise Control Technologies LLC.  Filed by Nissan North America, Inc., Ford Motor Company, American Honda Motor Co., Inc., Jaguar Land Rover North America LLC, Subaru of America Inc., Toyota Motor North America, Inc., and Volvo Cars of North America LLC on December 23, 2013.  The ‘463 patent is the subject of the following patent infringement actions:  CCT v. American Honda Motor Co, Inc. (Case No. 1:13-cv-00082-GMS (D. Del.)); CCT v. Hyundai Motor America (Case No. 1:13-cv-00084-GMS (D. Del.)); CCT v. Nissan North America, Inc. (Case No. 1:13-cv-00085-GMS (D. Del.)); CCT v. Toyota Motor North America, Inc. (Case No. 1:13-cv-00086-GMS (D. Del.)); CCT v. Volkswagen Group of America, Inc. (Case No. 1:13-cv-00087-GMS (D. Del.)); CCT v. Audi of America, LLC (Case No. 1:12-cv-01753-GMS (D. Del.)); CCT v. BMW of North America, LLC (Case No. 1:12-cv-01754-GMS (D. Del.)); CCT v. Chrysler Group, LLC (Case No. 1:12-cv-01755-GMS (D. Del.)); CCT v. Ford Motor Company (Case No. 1:12-cv-01756-GMS (D. Del.)); CCT v. General Motors LLC (Case No. 1:12-cv-01757-GMS (D. Del.)); CCT v. Jaguar Land Rover North America LLC (Case No. 1:12-cv-01758-GMS (D. Del.)); CCT v. Mercedes-Benz USA LLC (Case No. 1:12-cv-01759-GMS (D. Del.)); CCT v. Porsche Cars North America, LLC (Case No. 1:12-cv-01760-GMS (D. Del.)); CCT v. Subaru of America Inc. (Case No. 1:12-cv-01761-GMS (D. Del.)); and CCT v. Volvo Cars of North America LLC (Case No. 1:12-cv-01762-GMS (D. Del.)).

6.   IPR2014-00293 & IPR2014-00294 (electronically filed) – U.S. Patent No. 8,314,689 entitled VEHICULAR VISION SYSTEM, which is owned by Magna Electronics Incorporated.  Filed by TRW Automotive US LLC on December 24, 2013.  The ‘689 patent is the subject of a patent infringement action styled Magna Electronics Inc. v. TRW Automotive Holdings Corp., et al., (Case No. 1:12-cv-00654-PLM (W.D. Mich.)).

7.   IPR2014-296, IPR2014-00297 & IPR2014-00298 (electronically filed) – U.S. Patent No. 8,324,552 entitled VEHICULAR IMAGE SENSING SYSTEM, which is owned by Magna Electronics Incorporated.  Filed by TRW Automotive US LLC on December 26, 2013.  The ‘552 patent is the subject of a patent infringement action styled Magna Electronics Inc. v. TRW Automotive Holdings Corp., et al., (Case No. 1:12-cv-00654-PLM (W.D. Mich.)).

8.   IPR2014-00299 (electronically filed) – U.S. Patent No. 6,925,481 entitled TECHNIQUE FOR ENABLING REMOTE DATA ACCESS AND MANIPULATION FROM A PERVASIVE DEVICE, which is owned by Clouding IP, LLC.  Filed by SAP America, Inc. on December 26, 2013.  The ‘481 patent is the subject of the following active patent infringement actions in the U.S. District Court for the District of Delaware: Clouding IP, LLC v. EMC Corp., et al., (Case No. 1:13-cv-01455); Clouding IP, LLC v. Dropbox Inc., (Case No. 1:13-cv-01454); Clouding IP, LLC v. Citrix Systems Inc., (Case No. 1:13-cv-01453); Clouding IP, LLC v. SAP AG, et al., (Case No. 1:13-cv-01456); Clouding IP, LLC v. Siemens Enterprise Communications GmbH & Co KG and Siemens Enterprise Communications, Inc., (Case No. 1:13-cv-01457); Clouding IP, LLC v. Verizon Inc., (Case No. 1:13-cv-01458); Clouding IP, LLC v. AT&T Inc., (Case No. 1:13-cv-01342); Clouding IP, LLC v. Motorola Mobility LLC, (Case No. 1:12-cv-01078); Clouding IP, LLC v. Rackspace, Hosting Inc., (Case No. 1:12-cv-00675); Clouding IP, LLC v. Amazon.com Inc., (Case No. 1:12-cv-00641); and Clouding IP, LLC v. Google Inc., (Case No. 1:12-cv-00639).

9.   IPR2014-00300 (electronically filed) – U.S. Patent No. 7,254,621 entitled TECHNIQUE FOR ENABLING REMOTE DATA ACCESS AND MANIPULATION FROM A PERVASIVE DEVICE, which is owned by Clouding IP, LLC.  Filed by SAP America, Inc. on December 26, 2013.  The ‘621 patent is the subject of the following active patent infringement actions in the U.S. District Court for the District of Delaware: Clouding IP, LLC v. EMC Corp., et al., (Case No. 1:13-cv-01455); Clouding IP, LLC v. Dropbox Inc., (Case No. 1:13-cv-01454); Clouding IP, LLC v. Citrix Systems Inc., (Case No. 1:13-cv-01453); Clouding IP, LLC v. SAP AG, et al., (Case No. 1:13-cv-01456); Clouding IP, LLC v. Siemens Enterprise Communications GmbH & Co KG and Siemens Enterprise Communications, Inc., (Case No. 1:13-cv-01457); Clouding IP, LLC v. Verizon Inc., (Case No. 1:13-cv-01458); Clouding IP, LLC v. AT&T Inc., (Case No. 1:13-cv-01342); Clouding IP, LLC v. Motorola Mobility LLC, (Case No. 1:12-cv-01078); Clouding IP, LLC v. Rackspace, Hosting Inc., (Case No. 1:12-cv-00675); Clouding IP, LLC v. Amazon.com Inc., (Case No. 1:12-cv-00641); and Clouding IP, LLC v. Google Inc., (Case No. 1:12-cv-00639).

10.   IPR2014-00302 (electronically filed) – U.S. Patent No. RE42,913 entitled OPTICAL DETECTION SYSTEM, which is owned by Optical Devices, LLC.  Filed by Panasonic Corporation and  Panasonic Corporation of North America on December 27, 2013.  The ‘913 patent is the subject of two infringement actions: In the Matter of Certainn Optical Disc Drives, Components Thereof, and Products Containing The Same (International Trade Commission Case No. 337-TA-2977); and Optical Devices, LLC v. Panasonic Corp, et al., (Case No. 1:13-cv-00726 (D. Del.)).

11.   IPR2014-00303 (electronically filed) – U.S. Patent No. RE40,927 entitled OPTICAL DETECTION SYSTEM, which is owned by Optical Devices, LLC.  Filed by Panasonic Corporation and  Panasonic Corporation of North America on December 27, 2013.  The ‘913 patent is the subject of two infringement actions: In the Matter of Certainn Optical Disc Drives, Components Thereof, and Products Containing The Same (International Trade Commission Case No. 337-TA-2977); and Optical Devices, LLC v. Panasonic Corp, et al., (Case No. 1:13-cv-00726 (D. Del.)).

12.   IPR2014-00304 (electronically filed) – U.S. Patent No. 6,763,573 entitled ASSEMBLY SYSTEM FOR MONITORING PROPER FASTENING OF AN ARTICLE OF ASSEMBLY AT MORE THAN ONE LOCATION, which is owned by Wildcat Licensing WI, LLC.  Filed by Johnson Controls, Inc. on December 27, 2013.  The ‘573 patent is the subject of an infringement action styled Wildcat Licensing WI, LLC v. Johnson Controls, Inc., (Case. No. 3:13-cv-00328 (W.D. Wis.)).

13.   IPR2014-00305 (electronically filed) – U.S. Patent No. 7,062,831 entitled METHOD FOR MONITORING PROPER FASTENING OF AN ARTICLE OF ASSEMBLY AT MORE THAN ONE LOCATION, which is owned by Wildcat Licensing WI, LLC.  Filed by Johnson Controls, Inc. on December 27, 2013.  The ‘831 patent is the subject of an infringement action styled Wildcat Licensing WI, LLC v. Johnson Controls, Inc., (Case. No. 3:13-cv-00328 (W.D. Wis.)).

14.   IPR2014-00306 (electronically filed) – U.S. Patent No. 6,738,799 entitled METHODS AND APPARATUSES FOR FILE SYNCHRONIZATION AND UPDATEING USING A SIGNATURE LIST, which is owned by Clouding IP, LLC.  Filed by SAP America, Inc. on December 27, 2013.  The ‘799 patent is the subject of the following active patent infringement actions in the U.S. District Court for the District of Delaware: Clouding IP, LLC v. EMC Corp., et al., (Case No. 1:13-cv-01455); Clouding IP, LLC v. Dropbox Inc., (Case No. 1:13-cv-01454); Clouding IP, LLC v. SAP AG, et al., (Case No. 1:13-cv-01456); Clouding IP, LLC v. Verizon Inc., (Case No. 1:13-cv-01458); Clouding IP, LLC v. Rackspace, Hosting Inc., (Case No. 1:12-cv-00675); Clouding IP, LLC v. Amazon.com Inc., (Case No. 1:12-cv-00641); and Clouding IP, LLC v. Google Inc., (Case No. 1:12-cv-00639).

15.   IPR2014-00307 (electronically filed) – U.S. Patent No. 7,128,617 entitled ELECTRICAL SOCKET ASSEMBLY AND PLUG CONNECTOR COUPLED THERETO, which is owned by Advanced Connection Technology Inc.  Filed by Honda Tsushin Kogyo Co., Ltd. on December 27, 2013.  The ‘617 patent is the subject of three infringement actions: Advanced Connection Technology, Inc. v. Canon U.S.A., Inc.,(Case No. 4:12-cv-06496-PJH (N.D. Cal.)); Advanced Connection Technology, Inc. v. Toshiba America Information Systems, Inc., (Case No. 4:12-cv-06489-PJH (N.D. Cal.)); and Advanced Connection Technology, Inc. v. Hewlett-Packard Company, (Case. No. 4:12-cv-06487-PJH (N.D. Cal.)).

16.   IPR2014-00308 (electronically filed) – U.S. Patent No.5,825,891 entitled KEY MANAGEMENT FOR NETWORK COMMUNICATION, which is owned by Clouding IP, LLC.  Filed by SAP America, Inc. on December 27, 2013.  The ‘891 patent is the subject of the following active patent infringement actions in the U.S. District Court for the District of Delaware: Clouding IP, LLC v. EMC Corp., et al., (Case No. 1:13-cv-01455); Clouding IP, LLC v. Citrix Systems Inc., (Case No. 1:13-cv-01453); Clouding IP, LLC v. SAP AG, et al., (Case No. 1:13-cv-01456); Clouding IP, LLC v. Siemens Enterprise Communications GmbH & Co KG and Siemens Enterprise Communications, Inc., (Case No. 1:13-cv-01457); Clouding IP, LLC v. Verizon Inc., (Case No. 1:13-cv-01458); Clouding IP, LLC v. AT&T Inc., (Case No. 1:13-cv-01342); Clouding IP, LLC v. Amazon.com Inc., (Case No. 1:12-cv-00641); and Clouding IP, LLC v. Google Inc., (Case No. 1:12-cv-00639).

17.   IPR2014-00309 (electronically filed) – U.S. Patent No. 8,228,640 entitled TOLERANCE RING ASSEMBLY FOR SUPPORTING A DISK DRIVE ACTUATOR BEARING, which is owned by Saint-Gobain Performance Plastics Rencol Limited.  Filed by Intri-Plex Technologies, Inc. on December 27, 2013.

 

The following requests for covered business method post-grant review were filed:

1.  CBM2014-00054 (electronically filed) – U.S. Patent No. 7,035,914 entitled SYSTEM AND METHOD FOR TRANSMISSION OF DATA, which is owned by SimpleAir, Inc.  Filed by Google, Inc. on December 23, 2013.  The ‘914 patent is asserted in the infringement action styled SimpleAir, Inc.  v.  Microsoft Corporation, et al. (Case No. 2:11-cv-00416 (E.D.Tex.)).

 

The following ex parte reexamination requests were filed:

1.   90/013,103 (electronically filed) – U.S. Patent No. 6,741,833 entitled LEARNING ACTIVITY PLATFORM AND METHOD FOR TEACHING A FOREIGN LANGUAGE OVER A NETWORK, which is owned by Englishtown, Inc.  Filed on December 23, 2013.

2.   90/013,104 (electronically filed) – U.S. Patent No. 7,252,636 entitled NETWORKED SYSTEM FOR INTERACTIVE COMMUNICATION AND REMOTE MONITORING OF INDIVIDUALS, which is owned by Robert Bosch Healthcare Systems, Inc.  Filed on December 23, 2013, likely by Cardiocom LLC.  The ‘636 patent is the subject of an infringement action styled Robert Bosch Healthcare Systems, Inc. v. Cardiocom LLC (Case No. 3:12-cv-03864-EDL (N.D. Cal.)), as well inter partes reexamination 95/002,192.

3.   90/013,105 (electronically filed) – U.S. Patent No. 8,140,663 entitled NETWORKED SYSTEM FOR INTERACTIVE COMMUNICATION AND REMOTE MONITORING OF INDIVIDUALS which is owned by Robert Bosch Healthcare Systems, Inc.  Filed on December 23, 2013, likely by Cardiocom LLC.  The ‘663 patent is the subject of an infringement action styled Robert Bosch Healthcare Systems, Inc. v. Cardiocom LLC (Case No. 3:12-cv-03864-EDL (N.D. Cal.)), as well inter partes reexaminations 95/002,178 & 95/002,221.

4.   90/013,106 (electronically filed) – U.S. Patent No. 5,796,183 entitled CAPACITIVE RESPONSIVE ELECTRONIC SWITCHING CIRCUIT which is owned by UUSI, LLC.  Filed on December 24, 2013, by the Owner.

5.   90/013,107 (electronically filed) – U.S. Patent No. 6,992,218 entitled METHOD FOR OBTAINING AQUEOUS FORMULATION OF OXYGEN-SENSITIVE ACTIVE PRINCIPLES which is owned by Pharmatop.

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